USCFC General Jurisdiction-Reported

Motion to Dismiss; 28 U.S.C. § 2501 Statute of Limitations Signed by Judge Smith.

Motion to dismiss; pro se plaintiffs; subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; private party defendants; tort claims; plea agreement; implied contract; collateral estoppel; Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 et seq.; money-mandating; Due Process and Equal Protection Clauses; Fifth Amendment; Takings Clause; Sixth Amendment; Eighth Amendment; Fourteenth Amendment; litigation expenses; attorneys' fees; transfer pursuant to 28 U.S.C. § 1631 Signed by Judge Miller, G..

National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.; Motion to Review; Causation-in-fact; Measles-Mumps-Rubella Vaccine; Miscarriage or Spontaneous Abortion Signed by Judge Bruggink.

Motion for summary judgment, RCFC 56(c), appeal of decision by Contracting Officer, res judicata, claim preclusion, same transactional facts Signed by Judge Miller, G..

Tax refund suit; Motion for partial dismissal; Tax Equity and Fiscal Responsibility Act (TEFRA); Unified partnership provisions; 26 U.S.C. § 7422(h) - no action attributable to partnership item; Jurisdictional issue involving 26 U.S.C. § 6229 is either partnership item or affected item over which this court lacks refund jurisdiction; Waiver; Impact of individual partner settlements; Issue involving imposition of interest under 26 U.S.C. § 6621(c) is either partnership item or affected item over which this court lacks refund jurisdiction; Motion granted Signed by Judge Allegra.

National Vaccine Injury Compensation Program; hepatitis B vaccine; neutropenia; arthritis; significant aggravation; witness credibility; contemporaneous medical records; arbitrary and capricious review of special master's findings; special master's role in hearings Signed by Judge Wolski.

Contract Disputes Act; Default Termination of Building Lease; Agency's Failure to Allow Lessor to Make Repairs; Agency's Failure to Show Constructive Eviction or Denial of Beneficial Use or Enjoyment; Contracting Officer Abuse of Discretion; Agency's Bad Faith Conduct; Effect of Statements in Different Lawsuit; Damages; No Restriction From Termination for Convenience Clause Signed by Judge Wheeler.

Exclusion of expert testimony; Daubert; specialized knowledge; government contract expert; legal conclusions; ultimate issue; patent infringement; Christian doctrine; Patent Rights clause; sonobuoys Signed by Judge Damich.

GHS HEALTH MAINTENANCE ORGANIZATION, INC. d/b/a BLUELINCS HMO, TEXAS HEALTH CHOICE, L.C., SCOTT & WHITE HEALTH PLAN, v. UNITED STATES OF AMERICA Federal Employees Health Benefits Act provision 5 U.S.C. § 8902(i); 48 C.F.R. §1652.216-70(b)(6) (Final Year Regulation); Chevron Deference; Waiver; Laches; Reformation; Summary Judgment Signed by Judge Horn.

Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1); Jurisdiction; Just Compensation Clause, U.S. CONST. amend. V; Pro Se; RCFC 12(b)(1); U.S. CONST. amends. I, V, XIV; 42 U.S.C. § 1983 Signed by Judge Braden.

Winstar, damages, FIRREA, contract breach as cause of curtailed asset growth, lost profits based upon thrift's actual historic yields and costs of funds, failure to approve merger application as breach, damages due to compelled modified conversion, offset of benefits from such conversion, prior material breach, award of damages where Government bore economic risks of ownership of mutual thrift at time of breach Signed by Judge Miller, G..

Vaccine Act; Tetanus; Brachial Neuritis; Cervical Radiculopathy Signed by Judge Block.

Contracts; breach of contract; motion to dismiss pursuant to RCFC 12(b); subject matter jurisdiction; ripeness; Contract Disputes Act, 41 U.S.C. § 609 (2000); contract for procurement of services; procurement contract versus cooperative agreement; Spearin doctrine; Anti-Deficiency Act, 31 U.S.C. § 1341 (2000); implied-in-law warranty Signed by Judge Miller, C..

Trial on stipulated facts in a tax refund suit; trader in securities; 26 U.S.C. § 475(f); mark-to-market tax accounting method; attempted change of proper accounting methods; Rev. Proc. 99-17; 26 U.S.C. § 7422(a); "substantial variance" rule; Treas. Reg. § 301.9100-3 Signed by Judge Lettow.

Pre-award bid protest converted to a post-award protest; cross-motions for judgment on the administrative record; General Services Administration set-aside contracts for service-disabled, veteran-owned small businesses; information technology procurement; Veterans Technology Services Government-wide Acquisition Contract; "executive agent" designation by the Office of Management and Budget Signed by Judge Lettow.

Post-Award Bid Protest; Motion for Preliminary Injunction; Declarations; Live Testimony; Hearsay; Bait and Switch; National Security Signed by Judge Sweeney.

Trial; Government contract; Lease of development for military housing; Bad faith; Breach of covenant of good faith and fair dealing; Specific statements evidencing animus; Actions taken by defendant indicative of bad faith; Breach of lease provisions; Abuse of dispute resolution process - loss of independence; Damages; Loss in value of development; Other damages; Relief granted Signed by Judge Allegra.

Contracts; Motion to Dismiss; Financial Institution Reform, Recovery and Enforcement Act, 12 U.S.C. § 1464; 12 U.S.C. § 1821; Tucker Act, 28 U.S.C. § 1491; whether the FDIC as receiver or conservator of a federal savings bank is the United States Signed by Judge Damich.

Contracts; equitable adjustment and/or damages; Motion to Strike; RCFC 37(c); Motion for Summary Judgment; RCFC 56(c); False Claims Act, 31 U.S.C. § 3729; Contract Disputes Act, 41 U.S.C. § 604; Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514; whether a party has made a showing sufficient to establish the essential elements of its claim Signed by Judge Damich.

Administrative Procedure Act, 5 U.S.C. § § 701, et. seq.; Intervenor as a Matter of Right, RCFC 24(a); Jurisdiction; Modification; Motion for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); 13 C.F.R. § § 124.504(c), 124.512 Signed by Judge Braden.